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Neighbour wants access way path back? Please help!?!

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ozzuk wrote: »
    Make it a non-issue. As others have said put gates in (you can even secure with a key as long as she has a copy)

    Not necessarily. Unless the right of way is restricted to the house resident (very unlikely), access needs to be freely available for anyone going to the property.
  • 2596
    2596 Posts: 13 Forumite
    Hi.I explained the situation fully when they moved in as I am an honest person and they said they were fine with it and it was of no use to them anyway.Two years on they have decided they have now changed there minds with no reasonable reasons.They are simple doing it to be nasty 😩
  • 2596
    2596 Posts: 13 Forumite
    When the stairs to the attic are drilled into the party wall...a wall where my bed has to be! Has not been soundproofed and the attic has not been structurally supported properly with warning of a heavy snowfall bringing the whole roof down then yes it is my buisness! The sound that travels through is redivulouserediculous and a nightmare to live with.I have been fighting this with building control for two years now! She has been told to take down the stairs and re instate the attic hatch but refuses to do it! As I have said I am aware we are in the wrong but as the following neighbour had done the same we seen no point in keeping a path at the end of the garden that went nowhere.She was fine when I fully informed her when she moved in now two years on she has decided she needs access! You reply was harsh and you clearly haven't read all my reply or even the very first message.Hope this helps you understand
  • 2596
    2596 Posts: 13 Forumite
    She was made aware that the attic did not have a completion certificate when buying and that it could only be used as storage.she went ahead and bought anyway.she was not made aware of my case with building standards.when she moved in a politely explained the whole situation regarding the attic and she said don't worry I will look into it and fix any problems.i was over the moon to finally have a neighbour who understood and was happy to rectify the situation or so it seemed.A year down the line and three court cases later with her selling agent she has lost three cases to claim the compensation £28,000 to put the room sold only as storage to a fully functioning attic room.She was and still is adiment she is owed this.She refused a small payout that would have helped pay for work of taking stairs down ect now she has been left with nothing! She won't listen to anyone.She has went in the say she has no money to fix the attic meanwhile she has a new kitchen fitted,new flooring,new garden,new bloody everything but does not see fixing the attic as a priority.This is when I stopped being overly nice and was more matter of fact with her (not rude!) she has since when on the use the attic,store thing on the stair way,make as much noise as she can constantly and find anything she can to the rude about including shouting names and abuse through the wall...not to my face as she is a coward.

    The last neighbour a single mum of four was even more of a nightmare.She had no caroet on the attic stairs and had two children up in an unstable attic room which at the time also had an unsafe boiler! The noise of the children running up and down those stairs was horrific but nothing compared to the child abuse we had to listen to.She would blame her kids for everything and take fits or screaming rage with the most abusive language...she would chuck her child outside in the garden with just his nappy on late at night because she didn't want to feel with him anymore!! Only just two!!!! Crying for his mum but she had decided to get drunk and ignore it! Anyway so she moved out when the attic issue was made aware to her not after threatening mine and my husbands life and a hole load of trouble.Sorry to go on just want to give you the full story of what we had already gone through.

    We will put what garden back to how it should be although I am sure the other neighbour is not going to do anything.I will put up a fence as seeing her use it all the time most likely for no reason may get a bit much.I fully understand we shouldn't have taken up the full space but hope by ready my posts you understand why we did.the first nightmare neighbour used the back path for her kids to play in and they would freely come in to our garden.she also dumped rubbish and kept her bins in the pathway I am not looking forward to dealing with what my nightmare neighbour has in stall for the pathway.thanks for all your help
  • Maybe they want the access for building materials to be brought in and waste removal to get the loft conversion upto standard.
  • 2596 wrote: »
    The sound that travels through is redivulouserediculous

    ??

    Can you also get the council involved as a noise nuisance ?

    I can understand your woes about the loft conversion it sounds like a nightmare but unfortunately as previous posters have said it makes no difference to the access pathway. She can insist on it being re-instated at any time if its a right of way and in the deeds for any reason or no reason at all.


    I can understand you letting off steam here about it though, some neighbours can be a nightmare. We have problems with one of our neighbours inconsiderate parking blocking off 2 parking spaces instead of one and they keep propping their wheelbarrow against my fence making it collapse (must admit it needs replacing but wouldn't be collapsing if they stopped with the wheelbarrow as asked !) but our woes are insignificant compared to yours.


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  • andygb
    andygb Posts: 14,654 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    2596 wrote: »
    Hi
    I know legally it should be an access path for bins and a window cleaner but is there any loop holes?


    I have ignored the rest of the post, because what you have done is not legal and is not in accordance with your deeds or your neighbour's deeds.
    I suggest that you get yourself on the right side of the law.;)
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    2596 wrote: »
    Hi.I explained the situation fully when they moved in as I am an honest person and they said they were fine with it and it was of no use to them anyway.Two years on they have decided they have now changed there minds with no reasonable reasons.They are simple doing it to be nasty ��

    Everyone is free to change their minds.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think it's going to be funny seeing her walk through your mutual gate, across the back of your garden, open the gate to your other neighbour who has raised their land ... and not get any further. Unless she gets that final stretch of access, she's not going to get her wheelie bins very far ;) Maybe you should point this out, and confirm that you will reinstate the access by way of gates once your neighbour does the same.
    :heartpuls Mrs Marleyboy :heartpuls

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  • 2596
    2596 Posts: 13 Forumite
    andygb wrote: »
    I have ignored the rest of the post, because what you have done is not legal and is not in accordance with your deeds or your neighbour's deeds.
    I suggest that you get yourself on the right side of the law.;)
    The rest of the post is directed at people who are asking about the attic situation so feel free to ignore it.thanks for your opinion but as I said I am aware I have broken the law regarding the path and intend to fix it.
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